A. Existing Uses:
1. Continued Use: The lawful use of a building or premises existing at the time that this chapter takes effect may be continued, although such use does not conform to the provisions hereof.
2. Extension Of Use: Such use may be extended through the building, provided no structural alterations are made therein, other than those required by ordinance or law.
3. Discontinuance Of Use:
a. Substantial Building: If such nonconforming use consists of a substantial building and is discontinued for one year or more, any future use of the building must be in conformity with the provisions of this chapter.
b. No Substantial Building: However, if any nonconforming use on land on which there is no substantial building is discontinued, for any length of time, any future use of the land must be in conformity with the provisions of this chapter.
B. Billboards; Signs: No billboards or signs shall be erected in the residential district or in the multiple dwelling district. Billboards and signs in other districts shall be constructed in accordance with the provisions of the building code. This provision shall apply to the signs attached to, or painted on, the walls or roofs of buildings.
C. Filling Station, Public Garage, Gasoline Distributing Station: No filling station, public garage, or gasoline distributing station shall be located within three hundred feet (300') of a school, church, hospital or other public meeting place having a seating capacity of more than fifty (50) persons.
D. Undersized Lot: No building shall be erected or altered for use as a dwelling on a lot having less than fifty feet (50') frontage on a street. This provision shall not be so construed as to prohibit the owner of a single lot of less than fifty feet (50') width from building thereon; provided, that the lot is of record as being owned by him, on or before the date of the passage hereof; and provided further, that the early intent to build a home thereon is satisfactorily demonstrated to the board of zoning appeals.
E. Visibility At Intersections:
1. Residential District; Multiple-Dwelling District: For the purpose of ensuring reasonable visibility in the residential and multiple dwelling districts, it is provided that no structure may be erected or any vegetation maintained other than trees trimmed to a height of eight feet (8') above curb level, and shrubs and hedges trimmed below a height of three feet (3') above curb level, for a distance of forty feet (40') from the intersection of the property lines of the two (2) streets.
2. Commercial District: For the purpose of ensuring reasonable visibility in the commercial district, it is provided that no corner building shall project past a line drawn between two (2) points, one point being ten feet (10') along the property line from the intersection of the two (2) property lines on the corner and the other point ten feet (10') from said intersection, but at right angles to the line along which the first point was measured.
F. Neighborhood Commercial Center: In the event that a neighborhood commercial center is established in a residential area, the setback lines of the adjoining residential district shall be extended through the commercial center and any building constructed, therein shall observe these setback lines.
G. Damage Or Destruction; Restrictions On Rebuilding: Any building which is partially damaged or destroyed by fire, earthquake, wind, water, or explosion may be restored to its former use; provided, that no building which does not conform to the requirements of the use district in which it is located, and which is thus partially damaged or destroyed to the extent of fifty percent (50%) or more, may be rebuilt or reconstructed. Estimate of the extent of damage or destruction shall be made by the city council or its appointed agents.
H. Farm Animals: Stables, chicken or other poultry yards or houses, cow yards or lots, pig pens or sites, or other similar use of property which may be objectionable to adjacent property owners because of unsanitary conditions, odor, breeding of flies or vermin, or general nuisance, may be permitted in the residential district or in the multiple dwelling district only after the owner of the proposed use has secured the written consent of seventy five percent (75%) of all of the property owners within three hundred feet (300') of the proposed use; following this, the proposed use must be approved by the four- fifths (4/5) vote of the board of zoning appeals and by a five- sixths (5/6) vote of the city council.
I. Damaged Residential Dwelling Changed To Commercial: In residential districts and multiple dwelling districts, no new construction of dwellings, nor rebuilding or reconstruction of damaged or destroyed buildings, shall be commenced until special permit shall have been issued therefor by the city council, which shall be issued only after showing made that the design of such building will harmonize reasonably with, and that the building will be of cost or value reasonably comparable to, buildings then existent in the same block and adjacent to such proposed building. (1982 Code § 9.316)